Accredited Family Law & Separation Specialists In Wodonga Forward
We know family law. Our Family and Divorce Solicitors Wodonga Forward have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific expertise in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are planning to engage the services of some of the best family solicitors Wodonga Forward has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Wodonga Forward, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations where the Court does not have jurisdiction to deal with the matter or otherwise where the parties to the proceedings have actually not been separated for more than 12 months.
An application can still be made while the parties are living under the same roof or if one has provided the other with some family services. It may be challenging to develop that separation has happened in these scenarios and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to reside in Wodonga Forward indefinitely or otherwise be able to provide evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed for less than 2 years, the Court requires the parties to go to a counselling session with a view to reconciliation. There are exceptions to this requirement if there is a history of violence or abuse or where one party can not be located.
At a Divorce hearing, the Court will have to consider that proper plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.
As soon as a Divorce has actually been given the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has taken effect, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Wodonga Forward
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to attend, take part and make an authentic effort in dealing with any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, even more settlements can be organized with the assistance of solicitor, mediators and counsellors Wodonga Forward.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court should concern the very best interests of the child as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum level constant with the very best interest of the kid; and
securing the children from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that kids receive sufficient and appropriate parenting to assist them accomplish their complete potential; and
making sure that moms and dads satisfy their tasks, and satisfy their responsibilities, concerning the care, well-being and advancement of their children.
There are other aspects that the Court may take into consideration in any particular situations.
Why Choose Our Family Lawyers Wodonga Forward VIC
We are passionate regarding providing a specialty Family Law service Wodonga Forward that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal requirements.